Impact of Driver Fatigue in Truck Accidents

Commercial trucks are enormous. To safely operate these vehicles, truckers must be adequately rested. Accidents caused by truck driver fatigue contribute to a significant number of serious injuries each year. Fatigued driving is negligent driving. There are federal safety regulations in place that are designed to limit how much time a trucker can spend behind the wheel. Here, our Greenville semi-truck accident attorney explains the impact of driver fatigue in commercial truck crashes in South Carolina.

Truck Driver Fatigue: A Serious Safety Hazard

Fatigued truckers pose a serious safety risk to everyone on the road. According to data cited by the Department of Transportation (DOT), “driver fatigue is a leading factor in large truck crashes.” Indeed, it has been recorded as one of the main causal factors in approximately 13 percent of truck accidents nationwide. An overly fatigued trucker cannot reasonably operate a vehicle safely. Here are some notable reasons why fatigue is so dangerous:

• Impaired Reaction Time: Fatigue slows a trucker’s reaction times. When overly tired, a driver’s ability to respond quickly to sudden changes in traffic, road conditions, or unexpected obstacles is severely compromised. It is a delay that can be the difference between a near-miss and a catastrophic accident.
• Poor Attention/Awareness: Fatigued truck drivers often experience lapses in concentration. Indeed, fatigue often makes it difficult to maintain consistent attention on the road. Unfortunately, decreased vigilance can lead to missing important signs or signals, drifting between lanes, or failing to notice the actions of other drivers.
• Compromised Decision Making: Exhaustion affects a driver’s judgment. It can lead to poor decision-making. Tired truckers are more likely to take risks or make errors in judgment like misjudging the speed of other vehicles or the distance needed to safely change lanes.
• Risk of Falling Asleep: Finally, the most obvious and perhaps the most dangerous consequence of trucker fatigue is the increased risk of falling asleep at the wheel. Falling asleep—even if only for a fraction of a second, can result in a devastating accident.

An Overview of Hour of Service (HOS) Regulations

The Federal Motor Carrier Safety Administration (FMCSA) implemented Hour of Service (HOS) regulations to help combat trucker fatigue.

The rules—which apply to all truckers who operate in interstate commerce—govern how long a person can operate commercial vehicles before taking mandatory rest breaks. Here is an overview of HOS requirements:

• Maximum Driving Limits: HOS rules specify that truck drivers are allowed to drive a maximum of 11 hours after 10 consecutive hours off duty. In other words, the daily maximum driving limit is 11 hours for commercial truckers.
• 14-Hour Driving Window: FMCSA regulations allow truck drivers to conduct their 11 hours of driving within a 14-hour window—assuming they got the required 10 consecutive hours off duty. The window allows truckers to take breaks.
• 30-Minute Breaks: Drivers must take a 30-minute break if more than eight hours have passed since their last off-duty period or sleeper berth break. A break can reduce the risk of trucker fatigue.
• 60/70-Hour Limit: Over 7 or 8 consecutive days, drivers are not allowed to drive after they have been on duty for 60 or 70 hours, respectively. It is a regulation that mandates regular rest periods to prevent the buildup of fatigue over a week of driving.

South Carolina is a Fault-Based Truck Accident State

In South Carolina, the party who was at fault for causing a trucking accident can be held legally liable for the resulting damages. The fault is based on negligence. If a trucker is too fatigued to operate a vehicle safely, then he or she should not be on the road. Continued driving is negligent driving. A fatigued trucker and their employer can be held legally responsible for a resulting collision. Every semi-truck accident should be thoroughly investigated. An experienced Greenville, SC truck accident lawyer can help you gather evidence to prove that a trucker’s fatigue contributed to your crash.

Know the Statute of Limitations: Truck Accident Injury Claims

Under South Carolina law (S.C. Code § 15-3-530(5)), there is a three-year statute of limitations for semi-truck accident claims, including fatigued driving cases. If you were hurt in a crash with a fatigued trucker, you must take a proactive approach. Do not fall behind on the claims process.

Consult with a top-tier Greenville, SC semi-truck accident lawyer after a bad crash.

Recovering Compensation for Truck Driver Fatigue Accidents in South Carolina

In South Carolina, semi-truck accident victims have the right to seek compensation for the full value of their damages, including non-economic losses. The big insurance companies can make it challenging for injured victims to recover a complete settlement. Our Greenville, SC fatigued driving accident lawyer goes above and beyond to help injured victims get the best results. You may able to recover financial support for:

• Property damage, including automobile repairs;
• Emergency medical treatment;
• Hospital bills and other health-related costs;
• Physical therapy and mental health support;
• Loss of wages and loss of future earning power;
• Pain and suffering & mental distress;
• Disability or disfigurement; and
• Wrongful death of a family member.

Why Trust Our South Carolina Trucking Accident Lawyer

Semi-truck accident claims are complicated. Injured victims cannot rely on a trucking company or an insurer to protect their interests after a crash with a fatigued driver. William A. Jordan III is a South Carolina truck accident lawyer who provides personalized representation. With millions recovered for injured victims, our case results tell the story. We do not get paid until we help you recover compensation for your damages. Initial consultations are free and carry no obligations.

Contact Our Greenville Fatigued Trucker Accident Attorney Today

At Jordan Law Center, our Greenville truck accident lawyer is a strong, reliable advocate for justice.

We provide personalized representation to injured victims. If you were hurt in a crash with a fatigued trucker, we are here to help. Contact us today to set up your free, no-commitment case review. From our Greenville office, we handle fatigued truck accident cases across the region.